Authorizes a lottery game for a community grant fund, which fund shall be dedicated to community groups organized pursuant to paragraph three or four of subdivision (c) of section five hundred one of the internal revenue code of nineteen hundred eighty-six, as amended, administering educational, recreational, cultural, senior, veterans or social services programs or providing volunteer ambulance services.

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S330-2013 Actions

• Feb 6, 2013: OPINION REFERRED TO JUDICIARY
• Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 9, 2013: REFERRED TO JUDICIARY

S330-2013 Memo

BILL NUMBER:S330

TITLE OF BILL:               REVISED 12/10/12
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to section 9 of article 1 of the constitution, in
relation to authorizing a lottery game for a community grant fund, which
fund shall be dedicated to certain
community groups

SUMMARY OF PROVISIONS:
Article 1, Section 9 of the State Constitution would be amended to
allow for an additional exception to the prohibition on all gambling
to include the creation of a separate lottery game the proceeds of
which shall be applied exclusively to a community grant fund to be
created by such legislation, which fund shall be dedicated to
community groups administering educational, recreational, cultural,
senior, veterans or social service programs or providing volunteer
ambulance services as authorized and prescribed by the legislature.

EXISTING LAW:
Article 1, Section 9 of the State Constitution generally proscribes
all gambling except for four exceptions. These four exceptions are:
(1) pari-mutuel wagering on horse racing; (2) State lotteries; (3)
bingo conducted by certain charitable, non-profit and religious
organizations; and (4) games of chance conducted by these same
charitable, non-profit, and religious organizations.

JUSTIFICATION:
A constitutional amendment is required before a separate lottery game
may be created whose proceeds would be used to exclusively fund a
"Community Grant Fund" program that would in turn be dedicated to
community groups administering educational, recreational, and
cultural, senior, veterans or social services programs or providing
volunteer ambulance services.

Since 2010, the executive branch of the state has ceased any
allocation of discretionary funds that could be used to fund local
programs in legislators' districts. The loss of these funds has
placed tremendous financial burden on local groups that have relied
on this supportive funding to provide vital community programs to the
state's residents. This loss is on top of already draconian budget
cuts that occurred in 2011 and the loss of private funding sources
that began to disappear as a result of the national economic crises
in 2008.

Community programs have been left in the cold in their efforts to
provide educational, recreational, cultural, senior or veterans
programs or providing volunteer ambulance services to communities
that have relied on those services for years. This includes things
like senior centers, youth sports programs like Little League,
afterschool programs and many, many other important community based
programs.

The new lottery game proceeds that will be dedicated to the "Community
Grant Fund" will enable these important community programs to
continue to operate.


The state government cannot keep asking our citizens to bear the
tremendous burden of cuts in services to due state budget deficits
and simultaneously remove funding sources that are depended upon by
local community groups that often step in to fill the void left when
state government services are reduced or eliminated.

LEGISLATIVE HISTORY:
2011-12: S.7276B

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
If agreed by the Senate and the Assembly, the amendment will be
referred to the first regular legislative session convening after the
next succeeding general election of members of the assembly, and, in
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

S330-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     330

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

              CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

  proposing an amendment to section 9 of article 1 of the constitution, in
    relation to authorizing a lottery game for  a  community  grant  fund,
    which fund shall be dedicated to certain community groups

    Section  1.  Resolved  (if the Assembly concur), That subdivision 1 of
  section 9 of article 1  of  the  constitution  be  amended  to  read  as
  follows:

    1. No law shall be passed abridging the rights of the people peaceably
  to  assemble  and to petition the government, or any department thereof;
  nor shall  any  divorce  be  granted  otherwise  than  by  due  judicial
  proceedings;  except  as hereinafter provided, no lottery or the sale of
  lottery tickets, pool-selling, book-making, or any other kind of  gambl-
  ing,  except  lotteries  operated  by  the state and the sale of lottery
  tickets in connection therewith as may be authorized and  prescribed  by
  the  legislature, the net proceeds of which shall be applied exclusively
  to or in aid or support of education in this state  as  the  legislature
  may prescribe, EXCEPT THAT THE LEGISLATURE MAY ENACT LEGISLATION AUTHOR-
  IZING  THE  CREATION  OF  A  SEPARATE LOTTERY GAME THE PROCEEDS OF WHICH
  SHALL BE APPLIED EXCLUSIVELY TO A COMMUNITY GRANT FUND TO BE CREATED  BY
  SUCH  LEGISLATION,  WHICH  FUND  SHALL  BE DEDICATED TO COMMUNITY GROUPS
  ORGANIZED PURSUANT TO PARAGRAPH THREE OR  FOUR  OF  SUBDIVISION  (C)  OF
  SECTION  FIVE  HUNDRED  ONE  OF  THE  INTERNAL  REVENUE CODE OF NINETEEN
  HUNDRED EIGHTY-SIX, AS AMENDED, ADMINISTERING EDUCATIONAL, RECREATIONAL,
  CULTURAL, SENIOR, VETERANS OR  SOCIAL  SERVICES  PROGRAMS  OR  PROVIDING
  VOLUNTEER  AMBULANCE  SERVICES,  AS  THE  LEGISLATURE MAY PRESCRIBE, and
  except pari-mutuel betting on horse races as may be  prescribed  by  the
  legislature  and  from which the state shall derive a reasonable revenue
  for the support of government, shall hereafter be authorized or  allowed

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD89039-01-3

 S. 330                              2

  within  this  state;  and the legislature shall pass appropriate laws to
  prevent offenses against any of the provisions of this section.
    S  2.  Resolved (if the Assembly concur), That the foregoing amendment
  be referred to the first regular legislative session convening after the
  next succeeding general election of members of  the  assembly,  and,  in
  conformity  with  section  1  of  article  19  of  the  constitution, be
  published for 3 months previous to the time of such election.